People ex rel. Harriman v. Paton
New York Supreme Court
Application by defendants for an order to take the affidavit of one the relators, Edward H. Harriman, for use upon a motion for a peremptory mandamus to compel the defendants to exhibit to the relators the transfer-book of the Dubuque & Sioux Oity Railroad Company and a list of the stockholders thereof.
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Application by defendants for an order to take the affidavit of one the relators, Edward H. Harriman, for use upon a motion for a peremptory mandamus to compel the defendants to exhibit to the relators the transfer-book of the Dubuque & Sioux Oity Railroad Company and a list of the stockholders thereof. This application for a reference to take the deposition of the said relator was made upon an affidavit setting forth the nature of the proceeding, and that the defense which the defendants intended to make upon the hearing of the motion for a mandamus was “ that the said relators are not in…
1Opinion of the CourtLawrence, J.
This motion must be denied, on the following grounds:
*174First. Section 885 of the Code of Civil Procedure provides that the affidavit or deposition sought for should be that of a person not a party. It is apparent from the petition of Edward H. Harriman, that he is a party to this proceeding, being with his copartner and co-petitioner the owner of the shares of stock of the Dubuque and Sioux City Bailroad Corporation referred to in the petition. The relief sought for by the petition is merely for the protection of private rights, and the relators must show in such'case,—and they do prima facie…
2Cases cited1 opinion
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by3 opinions
- Loonsk Bros. v. MednickAppellate Division of the Supreme Court of the State of New York · 1935
- People ex rel. Hoffman v. TedcastleThe Superior Court of the City of New York and Buffalo · 1895
- People ex rel. Hoffman v. TedcastleThe Superior Court of New York City · 1895